Free Form 4461-B (Rev. June 2007) - Federal

Form (Rev. June 2007)

4461-B

Application for Approval of Master or Prototype or Volume Submitter Plans
Mass Submitter Adopting Sponsor or Practitioner

OMB No. 1545-0169

Department of the Treasury Internal Revenue Service

This Form Is Open to Public Inspection

File This Form With the Internal Revenue Service Section references are to the Internal Revenue Code unless otherwise noted. Complete every applicable item on this form. 1 Enter amount of user fee submitted $ 2a Name of applicant Address (number, street, room or suite no.) (If a P.O. box, see the instructions)

For IRS Use Only

2b Employer identification number of applicant 2c Applicant's telephone no.

City 3a Name of person to be contacted 3c If a power of attorney is attached, check the box 4a Basic plan document number 5 This plan is:

State

ZIP code ( ) 3b Telephone number ( )

b Adoption agreement number

6 7

Word-for-word identical to an M&P plan or volume submitter plan A minor modification to an M&P plan only (see instructions to line 5 for specific requirements) Name of mass submitter Enter the following information for the mass submitter's plan on which this plan is based (if this application is submitted simultaneously with the mass submitter's application, see instructions). File folder number Letter serial number Date of letter

/

/

8

Type of plan: Money purchase Profit-sharing

Target benefit Defined benefit (with permitted disparity)

Profit-sharing/401(k) Defined benefit (without permitted disparity)

9

Filing status of plan (see General Instructions) Standardized plan Nonstandardized plan Volume Submitter

For Master or Prototype: Under penalties of perjury, I declare that the sponsor has adopted a master or prototype plan that is word-for-word identical to, or a minor modification of the mass submitter plan indicated in items 6 and 7 above.

For Volume Submitter: Under penalties of perjury, I declare that the practitioner has adopted a volume submitter plan that is word-for-word identical to the mass submitter plan indicated in items 6 and 7 above.

(Sponsor or Practitioner) Signature

Title

Date

(Mass Submitter) Signature

Title Cat. No. 10235P

Date Form

For Paperwork Reduction Act Notice, see page 3.

4461-B

(Rev. 6-2007)

Form 4461-B (Rev. 6-2007)

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General Instructions
Purpose of Form
Use Form 4461-B to apply for approval of a plan submitted by a mass submitter on behalf of an adopting sponsor or practitioner, which is based on a plan submitted by the mass submitter.

Completing Form 4461-B
Be sure to submit a complete and accurate application. Complete every applicable line on the application. If your application is not complete, we will return it without processing it. The application must be typed. User fee. All applications must be accompanied by the appropriate user fee from the schedule set forth in Rev. Proc. 2006-8, 2006-1 I.R.B. 245 (or the most recent version, updated annually); and Form 8717, User Fee for Employee Plan Determination Letter Request. Applications submitted without the proper user fee will not be processed and will be returned to the applicant. Do not submit a copy of the plan, except as provided under the instructions to Line 5 later.

a person(s) to assist in an application for approval, you must provide the IRS office of jurisdiction with a written request that contains: The taxpayer's name, address, employer identification number, and plan number(s). The name, address, social security number, and telephone number(s) of the person or persons whom you are authorizing to receive return information. A paragraph that clearly describes the return or return information that you authorize the IRS to disclose. An authorized signature (see Signature above). As an alternative to providing the above statement, Form 2848, Power of Attorney and Declaration of Representative, may be submitted.

Definitions
Mass submitter. As set forth in Rev. Proc. 2005-16, 2005-10 I.R.B. 674, any entity that submits applications on behalf of at least 30 unaffiliated sponsors or practitioners each of which is sponsoring, on a word-for-word identical basis, the same basic plan document and one or more of the adoption agreements associated with that basic plan document. For a mass submitter of an M&P, once the mass submitter has submitted applications on behalf of 30 unaffiliated sponsors with respect to any basic plan document, it will be treated as a mass submitter with respect to all the other basic plan documents and associated adoption agreements for which it requests opinion letters, regardless of the number of identical adopters of such other plans. A mass submitter of a VS will be treated as such with respect to each specimen plan for which the 30 unaffiliated practitioner requirement is met. Notwithstanding the above, any entity that received a favorable TRA '86 opinion letter for a plan as an M&P mass submitter under Rev. Proc. 89-9, 1989-1 C.B. 780, will continue to be treated as a mass submitter if it submits applications on behalf of at least 10 sponsors (regardless of affiliation) each of which is sponsoring, on a word-for-word identical basis, the same basic plan document and one or more of the adoption agreements associated with that basic plan document. Once the mass submitter has submitted applications on behalf of 10 sponsors with respect to any basic plan document, it will be treated as a mass submitter with respect to all the other basic plan documents and associated adoption agreements for which it requests opinion letters, regardless of the number of identical adopters of such other plans.

Who May File
Only mass submitters may file this form.

Where To File
Send applications for opinion and advisory letters to: Internal Revenue Service P.O. Box 2508, Room 5106 Cincinnati, OH 45201 Add "Attn: M&P Coordinator" in the case of an application for an opinion letter, and "Attn: VS Coordinator" in the case of an application for an advisory letter. For both types of applications, a request shipped by Express Mail or delivery service should be sent to the attention of the VS Coordinator or the M&P Coordinator (whichever is applicable) to: Internal Revenue Service 550 Main Street, Room 5106 P.O. Box 2508 Cincinnati, OH 45202 Signature. The application must be signed by the mass submitter and sponsor or practitioner. If a power of attorney authorizes the mass submitter to sign the form on behalf of the sponsor or practitioner, attach the power of attorney to Form 4461-B. Disclosure requested by taxpayer. A taxpayer may request the Service to disclose and discuss the return or return information with any person or persons whom the taxpayer designates in a written request. If you want to designate

Sponsor. Any person that has an established place of business in the United States where it is accessible during every business day and represents to the Service that it has at least 30 employer-clients each of which is reasonably expected to adopt the sponsor's basic plan document and one or more of the adoption agreements associated with that basic plan document. Once a person represents to the Service that at least 30 employers are reasonably expected to adopt its basic plan document, it will be treated as a sponsor with respect to all the basic plan documents and associated adoption agreements for which it requests opinion letters, regardless of the number of employers that are expected to adopt such other plans. Notwithstanding the above, any person that has an established place of business in the United States where it is accessible during every business day and is a word-for-word identical adopter or minor modifier adopter of an M&P plan of a mass submitter will be treated as a sponsor with respect to such plan, regardless of the number of employers that are expected to adopt such plan. Practitioner. Any person that has an established place of business in the United States where it is accessible during every business day and represents to the Service that it has at least 30 employer-clients each of which is reasonably expected to adopt a plan that is substantially similar to the VS practitioner's specimen plan. The required number of employer-clients is reduced to 10 for a money purchase pension specimen plan in the case of a VS practitioner that has specimen plans for two or more separate categories of plans (profit sharing, money purchase, target benefit, defined benefit), one of which is a money purchase plan, and the 30 employer-clients requirement has been satisfied with respect to the other specimen plan. A VS practitioner may submit any number of specimen plans for advisory letters provided that the 30 employer-clients requirement (or 10, if applicable) is separately satisfied with respect to each specimen plan. Notwithstanding the above, any person that has an established place of business in the United States where it is accessible during every business day may sponsor a specimen plan as a word-for-word identical adopter of a specimen plan of a VS mass submitter, regardless of the number of employers that are expected to adopt the plan.

Form 4461-B (Rev. 6-2007)

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A VS practitioner is also a practitioner that has either (a) 30 or more adopting employers in each of 30 or more states or (b) 3000 or more adopting employers. The determination as to whether there are 3000 or more adopting employers or 30 or more adopting employers in each of 30 or more states may be made on any one date during the 12 month period ending on April 18, 2005. For this purpose, an adopting employer is any employer that has adopted any plan of the practitioner that has a GUST advisory letter.

Line 4b. Enter the three-digit number you have assigned to the adoption agreement, if applicable, for which this application is submitted. In the case of an M&P submission, each different adoption agreement designed to accompany a single basic plan document should be given a different three-digit number beginning with "001." Adoption agreements submitted with the second or any subsequent basic plan documents (that are not word-for-word identical to a previously submitted basic plan document) should be similarly numbered beginning with "001." Line 5. In the case of an M&P sponsor adopting a word-for-word identical plan (including a flexible plan) to a plan of the M&P mass submitter, or a VS practitioner adopting a word-for-word identical plan of a VS mass submitter, a copy of the plan does not have to be submitted. With respect to the sponsor of an M&P plan of a mass submitter, if the plan is a minor modification, the M&P mass submitter should submit Form 4461-B, typed as a "placeholder." When the lead plan is approved, submit a copy of the mass submitter plan with the minor modifications underlined in red, or otherwise highlighted, as well as a statement indicating the location and effect of each change. Line 7. If this application is based on an application submitted by a mass submitter and simultaneously filed with the mass submitter's application or filed before the information under line 7 is available, enter in the brackets designated for the file folder number the plan document number and the plan number of the mass submitter's plan on which this plan is based. Do not complete the rest of line 7.

Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us this information. We need it to determine whether you meet the legal requirements for plan approval. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their content may become material in the administration of any Internal Revenue law. Generally, tax return and return information are confidential, as required by Code section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 5 hr., 58 min. Learning about the law or the form 52 min. Preparing the form 1 hr., 56 min. Copying, assembling, and sending the form to the IRS 16 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6406, Washington, DC 20224. Do not send this form to this office. Instead, see Where To File on page 2.

Specific Instructions
Line 2a. Enter the name and address of the plan sponsor or practitioner. If the Post Office does not deliver mail to the street address and the sponsor has a P.O. box number, show the box number instead of the street address. Line 3a. The person to contact must be an employee or an authorized representative of the mass submitter. If the person to be contacted is other than an employee of the applicant, please enclose an authorized power of attorney. See Disclosure requested by taxpayer. Line 4a. Enter the two-digit basic plan document number you have assigned to the basic plan document that accompanies (if applicable) the adoption agreement for which you are requesting approval. All basic plan documents from one sponsor or practitioner that are the same (word-for-word) should use the same two-digit number on all applications. The first basic plan document submitted should be numbered "01," the second, "02," etc.